CrPC Section 46 - Code of Criminal Procedure India - Arrest how made

CrPC Section 46 - Code of Criminal Procedure India - Arrest how made

Chapter V - CrPC Section 46 - Arrest how made.

1. In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.

2. If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest.

3. Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.

4. Save in exceptional circumstances, no women shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.


CrPc (Amendment) Act, 2005 (Notes on Clauses)
Sub-section (4) has been added to prohibit arrest of a woman after sunset and before sunrise except in exceptional circumstances and where such circumstances exist the prior permission of the Judicial Magistrate of the first class is to be obtained.


CrPC Section 41 - Code of Criminal Procedure India - When police may arrest without warrant

CrPC Section 41 - Code of Criminal Procedure India - When police may arrest without warrant

Chapter V - CrPC Section 41 - When police may arrest without warrant

1. Any police officer may without an order from a Magistrate and without a warrant, arrest any person;

(a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or

(b) who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; or

(c) who has been proclaimed as an offender either under this Code or by order of the State Government; or

(d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or

(e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or

(f) who is reasonable suspected of being a deserter from any of the Armed Forces of the Union; or

(g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or

(h) who, being a released convict, commits a breach of any rule made under subsection (5) of section 356; or

(i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears there from that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

2. Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories of person specified in section 109 or section 110.


CrPC Section 4 - Code of Criminal Procedure India - Trial of offences under the Indian Penal Code and other laws

CrPC Section 4 - Code of Criminal Procedure India - Trial of offences under the Indian Penal Code and other laws

Chapter I - CrPC Section 4 - Trial of offences under the Indian Penal Code and other laws.

1. All offences under the Indian Penal Code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provision hereinafter contained.

2. All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.


CrPC Section 236 - Code of Criminal Procedure India - Previous conviction

CrPC Section 236 - Code of Criminal Procedure India - Previous conviction

Chapter XVIII - CrPC Section 236 - Previous conviction.

1. In a case where a previous conviction is charged under the provisions of sub-section (7) of section 211, and the accused does not admit that he has been previously convicted as alleged in the charge, the Judge may, after he has convicted said accused under section 229 or section 235, take evidence in respect of. The alleged previous conviction, and shall record a finding thereon:

2. Provided that no such charge shall be read out by the Judge nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under section 229 or section 235.


CrPC Section 235 - Code of Criminal Procedure India - Judgment of acquittal or conviction

CrPC Section 235 - Code of Criminal Procedure India - Judgment of acquittal or conviction

Chapter XVIII - CrPC Section 235 - Judgment of acquittal or conviction.

1. After hearing arguments and points of law (if any), the Judge shall give a judgment in the case.

2. If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 360 hear the accused on the question of sentence, and then pass sentence on him according to law.



CrPC Section 248 - Code of Criminal Procedure India - Acquittal or Conviction

CrPC Section 248 - Code of Criminal Procedure India - Acquittal or Conviction

Chapter XIX - CrPC Section 248 - Acquittal or Conviction.

1. If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal.

2. Where, in any case under this Chapter, the Magistrate find the accused guilty, but does not proceed in accordance with the provisions of section 325 or section 360, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law.

3. Where in any case under this Chapter, a previous conviction is charged under the provisions of sub-section (7) of section 211 and the accused does not admit that he has been previously convicted as alleged in the charge, lhe Magistrate may, after he has convicted the said aceused, take evidence in respect of the alleged previous conviction. said shall record a finding thereon:

Provided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has bee convicted under sub-section (2).


CrPC Section 255 - Code of Criminal Procedure India - Acquittal or Conviction

CrPC Section 255 - Code of Criminal Procedure India - Acquittal or Conviction

Chapter XX - CrPC Section 255 - Acquittal or Conviction.

1. If the Magistrate, upon taking the evidence referred to in section 254 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilt, he shall record an order of acquittal.

2. Where the Magistrate does not proceed in accordance with the provisions of section 325 or section 360, he shall, if he finds the accused guilty, pass sentence upon him according to law.

3. A Magistrate may, under section 252 or section 255, convict the accused of any offence triable under this Chapter which form the facts admitted or proved he appears to have committed, whatever may be the nature of the complaint or summons, if the Magistrate is satisfied that the accused would not be prejudiced thereby.


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